Fort Bend County to name boards for 2 new ESDs

Voters OK'd emergency service districts in May election for west Fort Bend area

By Mark A. Quick

Published 1:27 pm, Tuesday, June 23, 2015

Fort Bend County Commissioners could within the next few weeks appoint board members for two newly formed emergency service districts, enabling the groups to start work on securing fire and emergency medical services and determining their tax rates.

"I am going to rely on the local folks, the mayors and councils in the affected ESD areas to make recommendations for who they would like to see on the boards. It is really a local deal," Fort Bend County Precinct 1 Commissioner Richard Morrison said. "The commissioner's court approves the board members, but the local officials know their citizens and community best, which is why I will rely on them."

Voters on May 9 approved the formation of Fort Bend County emergency service districts 6 and 8. ESD 6 covers Pleak and its extraterritorial jurisdiction along with portions of the southern part of Rosenberg's ETJ. ESD 8 covers the city of Beasley and its ETJ, Kendleton and the eastern part of East Bernard.

State law allows residents in a given area to petition local municipalities and county government to hold an election to form an emergency service district. If the voters within the proposed boundaries approve, the ESD is created and county commissioners appoint a five-member board, which contracts with service providers and levies a tax rate.

Forming the districts provides a taxing authority to guarantee residents have emergency services and ensure firefighters and paramedics can purchase equipment, said attorney Howard Katz of Coveler and Associates, which represented the petitioners for both ESDs.

The initial board will serve until Dec. 31, and commissioners will appoint a permanent board in January to two-year terms. The first permanent board will have three members serve for two years and two serve for one year in order to stagger terms, Katz said.

He said the interim board will primarily focus on learning the service area, developing a budget, setting a tax rate and contracting with a service provider. It will also receive training and learn more about the role of an ESD and laws affecting district operation.

Katz said the ESD tax will be included on residents' consolidated Fort Bend County tax bill.

The state Health and Safety Code Chapter 775, which governs creation of ESDs, stipulates that they may levy a maximum of 10 cents per $100 valuation. A homeowner with a $100,000 home could see a annual tax increase of up to $100 if an ESD is formed for its area, for example.

Efforts to form another district failed. It would have served the Pecan Grove and Waterside Estates area. That plan fell through when the Richmond City Commission voting against allowing a proposal for district formation on the ballot.

State law stipulates that local municipalities must consent if part of a proposed emergency service district is in their city or extraterritorial jurisdiction.

The commission voted no because it may at some point see the need to annex that area, Mayor Evelyn Moore has said.

Section 775.022 of the Health and Safety Code stipulates that if a municipality annexes part of a service district, it will be required to compensate the district for the annexed territory's share of the district's debt.

Mayors of local municipalities in ESD 6 and ESD 8 declined to comment on who they might nominate for the board.

"I have met with the local mayors and council members and have asked them to give me their list of names. I anticipate receiving those soon," Morrison said.

He added that the local fire departments would likely want to have input as well.

The entire commissioners court will vote on the nominees, but generally commissioners defer to one another on selections, Morrison said.

The department relies on donations and fundraisers that bring in varying amounts. The department receives about $23,000 from the county in reimbursements for service runs and about $70,000 annually from the city of Pleak. Creating an ESD for the Pleak area could make as much as $270,000 in tax revenue available to fund emergency services, according to Gania.

In the election, Pleak voters favored the formation of ESD 6 by 72 to 18. Voters in the city of Rosenberg's extraterritorial jurisdiction approved it 67 to 10. Voters in the unincorporated portions of the county favored it four votes to zero.